KEY POINTS:
An English language tutor at the New Zealand Institute of Science and Technology (NZIST) has been awarded $2000 compensation over allegations of racial discrimination by his students.
Dean Williamson was nearing the end of a short, fixed term contract with the Auckland institute in September 2007 when he was notified by the centre manager Julia Chung that a number of students had lodged complaints about his tutoring.
They included that he was not teaching grammar, played too many games, they felt racially discriminated against, and students felt they were being treated unfairly.
Mr Williamson objected, believing the accusations were tantamount to calling him a racist, and responded with a letter saying he wished to refute the allegations and was filing a personal grievance against Ms Chung.
This was followed by a meeting with the NZIST's lawyer who presented Mr Williamson with an agreement by which he would acknowledge faults in his teaching and accept termination of the contract. He would receive a payout of $3328 to cover the weeks by which the contract would fall short.
Mr Williamson said he would accept the agreement if it included payment for additional classes and he was given a reference "describing (him) as a professional, diligent employee of high integrity". Also he would not proceed with the personal grievance complaint.
His counter-offer was rejected.
A few more letters exchanged between Mr Williamson and Ms Chung before he resigned on October 5, "because of the false allegations," saying the working conditions had become intolerable.
He then lodged a claim with the Employment Relations Authority seeking compensation.
The authority found that NZIST had never put the students' specific allegations to Mr Williamson nor given him a chance to respond "in any meaningful way".
"It simply took for granted that the students felt they had been 'racially discriminated' against. It was not interested in what Mr Williamson had to say about the matter.
"An allegation that one is racist or discriminates against others is a very serious allegation... Failing to investigate such a serious allegation fully and fairly was a very serious breach (of duty)."
The authority said there was "no doubt" the accusations must have been distressing and Mr Williamson had been unjustifiably constructively dismissed.
NZIST was ordered to pay $2000 compensation.
- NZPA
